Prakash Mahto @ Ram Prakash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8064 of 2023 Arising Out of PS. Case No.-21 Year-2022 Thana- MAHILA P.S. District- Madhubani ====================================================== 1.

PRAKASH MAHTO @ RAM PRAKASH MAHTO Son of Late Hansraj Singh Resident of Village- Chakarghata, P.S.- Babubarhi, DistrictMadhubani 2.

SHASHI RANJAN SINGH @ MAHADEO Son of Narsingh Mahto Resident of Village- Chakarghata, P.S.- Babubarhi, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rekha Devi Wife of Vinod Mahto Resident of Village- Bardaha Tole, Chakarghata, P.S.- Babubarhi, District- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Minakshi Kumari For the Opposite Party/s :

Mr.Vinod Shanker Modi Mr.Subhash Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2023 Heard learned counsel for the petitioners, State and informant/opposite party no. 2.

The petitioners apprehend their arrest in a case registered for the offence under Sections 376, 323, 341, 354(B)/34 of the Indian Penal Code and Section 4 / 6 of the POCSO Act.

Counsel for the petitioners submits that specific allegation of committing sexual intercourse is against coaccused Jittu Mahto. So far as these petitioners are concerned, they are only alleged to have abused and assaulted informant and his son. There is case and counter case. Doctor has found simple injury. Petitioners claim clean antecedent.

Patna High Court CR. MISC. No.8064 of 2023(2) dt.18-04-2023 2/2 Learned counsel for the informant vehemently opposes the prayer for anticipatory bail.

Considering the nature of allegation and clean antecedent, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI cum Special Judge (POCSO), Madhubani / successor court in connection with Mahila P.S. Case No. 21 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T